The provisions of the Order 2634/2015 are coming into act since January 1st 2016. Starting with this date the provisions of OMFP 3512/2008 regarding the financial-accounting documents are replaced, together with the stipulations of OMFP 2226/2006 regarding the utilization of financial-accounting forms. This last order established previously the norms of drawing-up and using the invoices, the wares, and the norms regarding the internal regimen of the invoices numbering.
Each entity may adjust, according to its necessities, the templates of the financial-accounting documents, templates being presented in the appendixes of the Order 2643. Also the circuit of the financial-accounting documents and their number of copies are established through own procedures regarding the organization and the conducting of the accounting, approved by the administrator.
The justifying documents must inscribe the following main elements:
- Name of the document;
- Denomination/name and surname, and, according to each situation, the headquarters of the legal entity/address of the individual drawing-up the document;
- Number of the document and the date of its drawing-up;
- Names of the parties participating at the conducting of the economical-financial operation (if necessary);
- The content of the economical-financial operation, and, when necessary, the legal basis of its rendering;
- The quantity and value data due to the economical-financial operation, according to each situation;
- Names and surnames, and the signatures of the persons in charge of economical-financial operations.
- In the content of each document issued by an entity (invoice, ware, receipt, etc.) must be mentioned the elements stipulated by the applicable law, respectively the juridical form, fiscal identification code and shared capital, according to each situation.
The financial-accounting documents can be drawn-up in a foreign language and using a foreign currency, if this practice is mentioned expressly in a legal document (as an example: the fiscal invoice can be issued in any of the EU languages, but translation must be assured).
If the financial-accounting documents (justifying documents and accounting documents) are drawn-up and imported into accounting through informatics systems of automatic data processing, signature is not mandatory. In such situations must be established through own procedures regarding the modalities of identifying the persons who initiated, decided and approved, according to each situation, the rendering of those operations. The financial-accounting documents are allowed to be presented as hard copies or soft copies, with the condition of their drawing-up according to the new regulations and norms. As a document in soft copy one has to understand the document containing the information requested by the current norms and which was issued and received in electronic format.
The financial-accounting documents that were lost, stolen or destroyed will be actualized in a term of maximum 30 days since identifying, and in case of force majeure in 90 days term.
The writing of the data into the documents is made with ink (fountain pens), with oil-based inks (ballpoint pens) or through using the informatics systems of automatic data, according to each situation.
In the content of the financial-accounting documents are not accepted erasures, modifications or other similar procedures. It is also forbidden to let empty spaces between the operations inscribed or missing pages. The errors are corrected through crossing out with a line of the erroneous text of figure, while inscribing alongside the correct text or figure. The correction is applied on each of the copies of the document, and it is confirmed through the signature of the person drawing-up/correcting the document, who has to mention the date also.
For financial-accounting documents for which the corrections are not accepted, as those providing the basis of receiving, handing over or justifying cash, or for other documents subject to similar legal restrictions, the document erroneously drawn-up is annulled and it is preserved or kept in the register.
When correcting the justifying document attesting operations of handing over-receiving material values and fixed assets it is necessary the confirmation (=signature) of both the person delivering and the person receiving.
In case of additions to documents through the utilization of the IT systems of automatic data processing, the corrections are admitted only before processing. The documents introduced in the lists of errors, cancelling or additions (on their basis are made the changes in the files or in the database of the entity) must be signed by the persons empowered by the management of the entity.
If the processing of the financial-accounting documents is made by a third party (individuals or legal persons), in the relations between the third party and the beneficiary entities it is necessary for the appropriate registration into accounting the observing of the following rules:
- The justifying documents must be drawn-up correctly and in the due time by the beneficiary entities, who are also responsible for the reality of the data inscribed in those documents;
- The accounting documents drawn-up by third parties on the basis of justifying documents must be handed over to the beneficiary documents together with the justifying documents, at the terms established through the contracts of civil agreements concluded, the third parties being responsible of the correctness of the data processing.
The entities will provide an internal regimen of numbering the financial-accounting documents, as it follows:
The persons responsible for organizing and managing accounting will assign through written internal decision one or more persons, according to each situation, with attributions regarding the allotting and the managing of due numbers;
Each document will have an order number or a series, according to each situation, number or series that has to be subsequent, determined by the entity. When allotting the numbers it must be taken into consideration the internal structure (patrimonies, business units, branches, etc.);
The entities will issue own procedures of determining and/or allotting numbers or series, according to each situation, mentioning for each financial year what is the number or series of the first document issued.
The invoice is the justifying document that represents the basis of registration into accounting of the economical operations. According to art. 319 par. 20 of the Fiscal Code, the invoice must contain the following information:
1) Order number, on the basis of one or more series, thus identifying the invoice as a sole and unique document;
2) Date of issuance;
3) The day when the goods were delivered or the services were rendered or the day of receiving an advance payment, if this date is before the date of issuing the invoice;
4) Denomination/name, address and the VAT registration code or, if applicable, the fiscal identification code of the taxable person delivering the goods or rendering the services;
5) Denomination/name of the supplier/executant non-resident in Romania, and who has designated a fiscal representative, and the denomination/name, address and VAT registration code for the fiscal representative;
6) Denomination/name and address of the beneficiary of the goods or services, as well as the VAT registration code or the fiscal identification code of the beneficiary, if it is a taxable person or a non-taxable legal entity;
7) Denomination/name of the beneficiary who is not resident in Romania, and who assigned a fiscal representative, as well as the denomination/name, address and registration code of the fiscal representative;
8) Denomination and quantity of the delivered goods, denomination of the rendered services, and the specifics mentioned by art.266 par. (3) for defining the goods, for intra-community delivery of new transportation means;
9) Taxation basis for the goods and services or, according to each situation, the invoiced advances, for each quota, exemption or not taxable operation, the unit price exclusive the tax, as well as discounts, deductions, and other price decreases, if they are not included in the unit price;
10) The mentioning of the applicable tax ratio and of the total amount collected, expressed in lei, according to the tax ratio;
11) If the invoice is issued by the beneficiary on behalf and in the account of the supplier, the mention “self-invoice”;
12) If a tax exemption is applicable, the mentioning of the applicable disposition of the title or of the Directive 112 or any other mention attesting that the goods delivery or rendering of services is subjected to exemption;
13) If the client is a VAT payer person, the mention “reverse charge”;
14) If it is to be applied the special regimen for tourism agencies, the mention “the margin regimen – tourism agencies”;
15) If it is applied one of the special regimens for second-hand goods, artworks, collection items and antiquities, one of the mentions “margin regimen – second-hand goods”, “margin regimen – artworks ” or ” margin regimen – collection items and antiquities”, according to each situation;
16) If the VAT is contingent at the date of receiving the full or partial value of the goods delivery or of the services rendering, the mention “VAT upon collection”;
17) Reference to other invoices or documents previously issued, when more than one invoice or documents are issued for the same operation.
In case of economic operations for which, according to the stipulations of the Fiscal Code, there is no obligation to draw-up an invoice, their registration into accounting is made on the basis of the contracts concluded between the parties, and of the financial-accounting or banking documents proving those operations, as are: wares, receipts, payment dispositions, cash receiving dispositions, bank account balances, accounting notes, etc., according to each situation.
From 2016, the trial balance (the accounting document used for verifying the correct registration of the operations) will be drawn-up at least at the closing of the financial year, at the terms of drawing-up of the financial situations, of accounting reports, as well as at the end of the period for which the entity must draw-up the statement regarding the profit tax/income tax, according to the law.
The entities have the obligation to keep in their archive the accounting registers, of other accounting documents, as well as the justifying documents creating the basis of the accounting registration of the economical-financial operations. The justifying documents, the accounting registers and other financial-accounting documents are stored, according to each situations, at the fiscal domicile, at the headquarters or at the business units, on paper or on electronic support.
For financial-accounting documents kept as soft copies, including those converted from hard copies as soft copies, it is not mandatory to apply the provisions of the Law no. 135/2007 regarding the archiving of the documents in electronic format, republished.
If the accounting is kept through IT software, the financial-accounting documents can be kept on technical supports, for the duration of the terms stipulated by the current law, with the condition to be ready to be printed at any moment, according to the necessities of the entity or at the request of the fiscal inspection.
The financial-accounting documents can be kept, on the basis of paid services providing agreements, by economic operators authorized for rendering archiving services, according to the law. In such cases the responsibility regarding the keeping of the financial-accounting documents belongs to the administrator, the credits coordinator or to other person bearing the responsibility of managing the beneficiary entity. On occasions of inspections of the competent authorities, the entities must present upon request the necessary documents.
The archiving term for payrolls is 50 years, and the term of safekeeping of registers and other financial-accounting documents is 10 years, starting with the closure day of the financial year they were drawn-up for, with the exception of the documents mentioned in Appendix 4 of the Order, which are kept for 5 years, and with the exception of the financial-accounting documents proving the origin of goods with a lifespan longer than 5 years, which are kept for the entire period of their work life.
If the company ceases activity, the financial-accounting documents are kept according to the stipulations of the Law of the Companies, no. 31/1990, republished, with subsequent changes and additions, or they are handed over to national archives, pursuant to applicable legal provisions, according to each situation. The archiving of the financial-accounting documents as hard copies is made according to the legal provisions and with the observance of the following general rules:
- The documents are grouped in files, numbered and sealed;
- The documents in the files and binders are grouped chronologically and systematically, for the same financial year they refer to. The archived files are kept in spaces specially allocated to this storage purpose, protected against decay, destruction or stealing, in rooms equipped with fire prevention systems.